A chat with the CO

[sprkplug]

No, not for a private residence. They need a warrant for that. That's what the 4th Amendment is for. If they have probable cause a judge will give them a warrant.

I suggest you look up Exigent circumstance. If the CO believes you are destroying evidence, he or she has the right to enter and search without your consent, or a warrant.

There are loopholes everywhere, and discretion and interpretation are debated in this regard all the time.

[libo]

 sorry, IDNR law wasn't talking about public access. they addressed the issue of limits & boating law. an remember bayou bill has only been with IDNR since the mid 70's. but as far as i'm concerned its a none issue. just like to say Indiana is lucky to have bill james as top dog.

[graham]

I suggest you look up Exigent circumstance. If the CO believes you are destroying evidence, he or she has the right to enter and search without your consent, or a warrant.

There are loopholes everywhere, and discretion and interpretation are debated in this regard all the time.

I am aware of exigent circumstances.  That applies when they are in hot pursuit of a felon, or if they believe there is imminent danger of evidence being destroyed in a jailable offense.  I guess a CO could try and make fish in a freezer fit in that box if he wanted to, but I doubt any would or have tried.  Any lawyer would tee off on that one.  I have heard this many times, but have yet to hear of a story where a CO entered a private residence to search someone's freezer for illegal fish without a warrant and I would challenge you to find such a thing. 

[Pied Piper]

This discussion also calls another question to mind.  Suppose you own a private pond and catch over the amount of what the state says is your bag limit, not daily limit ,but bag limit you have the fish in your freezer so possession is not a question.  Are you in violation of the law?  Who has the burden of proof to say where fish were caught?  Remember DNR is excluded from 4Th amendment search and seizure laws and can check your freezer.  The law doesn't address where you caught the fish but what you are in possession of.

Something you touched on there is something that is going on in Ohio concerning the Lake Erie walleye.

[levi]

thanks for the info i do really appreciate it.

[Joe2727]

I know one time I was stopped in my drive way and he checked my boat. I practice catch and release for the most part. That was one of those days.

[sprkplug]

I am aware of exigent circumstances.  That applies when they are in hot pursuit of a felon, or if they believe there is imminent danger of evidence being destroyed in a jailable offense.  I guess a CO could try and make fish in a freezer fit in that box if he wanted to, but I doubt any would or have tried.  Any lawyer would tee off on that one.  I have heard this many times, but have yet to hear of a story where a CO entered a private residence to search someone's freezer for illegal fish without a warrant and I would challenge you to find such a thing.

No need to challenge me. Go back and read my post # 51 in this thread. I'm the guy who's saying it could happen, but the chances are so remote as to make the probability unlikely. And as you yourself said, A CO could probably make that fit into the Exigent circumstances, were they so inclined. That was my point all along. Making it stick is entirely another matter, as you stated. But, by that time they've done been in your house and had a look see....Fourth Amendment notwithstanding.

Likely to happen? No...... Possible? You betcha'.

[graham]

I hear ya. It is POSSIBLE, I guess.